Page 45 - Juvenile Practice is not Child's Play

2. Discretionary Transfer - Person Under 18
There are two situations in which a juvenile court can transfer a person under the age of 18 to adult court. the

child is alleged to have violated a penal law of the grade of felony; the child was either 14 years of age or older
at the time they are alleged to have committed the offense, if the offense is a capital felony, an aggravated
controlled substance felony, or a felony of the first degree, and no adjudication hearing has been conducted

concerning that offense; or the child was 15 years of age or older at the time the child is alleged to have
committed the offense, if the offense is a felony of the second or third degree or a state jail felony, and no
adjudication hearing has been conducted concerning that offense; and after a full investigation and a hearing,
the juvenile court determines that there is probable cause to believe that the child before the court committed

the offense alleged and that because of the seriousness of the offense alleged or the background of the child the
welfare of the community requires criminal proceedings. TFC § 54.02.

3. Discretionary Transfer - Person over 17
The juvenile court may waive its exclusive original jurisdiction and transfer a person to the appropriate district
court or criminal district court for criminal proceedings if: the person is 18 years of age or older; and the person

was:
• 10 years of age or older and under 17 years of age at the time the person is alleged to have committed
a capital felony or an offense under Section 19.02, Penal Code ; or
• 14 years of age or older and under 17 years of age at the time the person is alleged to have committed

an aggravated controlled substance felony or a felony of the first degree other than an offense under
Section 19.02, Penal Code; or
• 15 years of age or older and under 17 years of age at the time the person is alleged to have committed
a felony of the second or third degree or a state jail felony; and no adjudication concerning the alleged

offense has been made or no adjudication hearing concerning the offense has been conducted; and the
juvenile court finds from a preponderance of the evidence that for a reason beyond the control of the
state it was not practicable to proceed in juvenile court before the 18th birthday of the person; or
• after due diligence of the state it was not practicable to proceed in juvenile court before the 18th

birthday of the person because: the state did not have probable cause to proceed in juvenile court and
new evidence has been found since the 18th birthday of the person;
• or the person could not be found;

• or a previous transfer order was reversed by an appellate court or set aside by a district court; and
• the juvenile court determines that there is probable cause to believe that the child before the court
committed the offense alleged. TFC § 54.02(j)

4. Transfer to Justice or Municipal Court